THE PRESS COUNCIL ACT, 1978                                                                                                                                      

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ARRANGEMENT OF SECTIONS                                                                                              

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title and extent. 

2. Definitions. 

3. Rule of construction respecting enactments not extending to *the State of Jammu and Kashmir 

or Sikkim. 

CHAPTER II 

ESTABLISHMENT OF THE PRESS COUNCIL 

4. Incorporation of the Council. 

5. Composition of the Council. 

6. Term of office and retirement of members. 

7. Conditions of service of members. 

8. Committees of the Council. 

9. Meetings of the Council and committees. 

10. Vacancies among members or defect in the constitution not to invalidate acts and proceedings 

of the Council. 

11. Staff of the Council. 

12. Authentication of orders and other instruments of the Council. 

CHAPTER III 

POWERS AND FUNCTIONS OF THE COUNCIL 

13. Objects and functions of the Council. 

14. Power to censure. 

15. General powers of the Council. 

16. Levy of fees. 

17. Payments to the Council. 

18. Fund of the Council. 

19. Budget. 

20. Annual report. 

21. Interim reports. 

22. Accounts and audit. 

23. Protection of action taken in good faith. 

CHAPTER IV 

MISCELLANEOUS 

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SECTIONS 

24. Members, etc., to be public servants. 

25. Power to make rules. 

26. Power to make regulations. 

27. Amendment of Act 25 of 1867. 

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THE PRESS COUNCIL ACT, 1978 
ACT NO. 37 OF 1978 

[7th September, 1978.] 
An Act to establish a Press Council for the purpose of preserving the freedom of the Press and of 

maintaining and improving the standards of newspapers and news agencies in India. 
BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— 

CHAPTER I 
PRELIMINARY 

1. Short title and extent.—(1) This Act may be called the Press Council Act, 1978. 
(2) It extends to the whole of India. 
2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Chairman” means the Chairman of the Council; 
(b) “Council” means the Press Council of India established under section 4; 
(c) “member” means a member of the Council and includes its Chairman; 
(d) “prescribed” means prescribed by rules made under this Act; 
(e) the expressions “editor” and “newspaper” have the meanings respectively assigned to them in 
the Press and Registration of Books Act, 1867 (25 of 1867), and the expression “working journalist” 
has  the  meaning  assigned  to  it  in  the  Working  Journalists  and  other  Newspaper  Employees 
(Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955). 

3.  Rule  of  construction  respecting  enactments  not  extending  to  *the  State  of  Jammu  and 
Kashmir  or  Sikkim.—Any  reference  in  this  Act  to  a  law  which  is  not  in  force  in  *the  State  of  1*** 
Sikkim shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force 
in that State. 

Union territory of Jammu and Kashmir and Ladakh 

Section 3.--Omit "Jammu and Kashmir or". 

STATE AMENDMENT 

 [Vide Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. 
S.O.  1123(E),  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of 
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

CHAPTER II 
ESTABLISHMENT OF THE PRESS COUNCIL 

4. Incorporation of the Council.—(1) With effect from such date as the Central Government may, 
by notification in the Official Gazette, appoint, there shall be established a Council by the name of the 
Press Council of India. 

(2) The said Council shall be a body corporate having perpetual succession and a common seal and 

shall by the said name sue and be sued. 

5. Composition of the Council.—(1) The Council shall consist of a Chairman and twenty-eight other 

members. 

(2)  The  Chairman  shall  be  a  person  nominated  by  a  Committee  consisting  of  the  Chairman  of  the 
Council of States (Rajya Sabha), the Speaker of the House of the People (Lok Sabha) and a person elected 
by the members of the Council under sub-section (6) and the nomination so made shall take effect from 
the date on which it is notified by the Central Government in the Official Gazette. 

1. The words “Jammu and Kashmir or” omitted by  omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central 
Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020). 

*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of  
Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019). 

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(3) Of the other members— 

(a)  thirteen  shall  be  nominated  in  accordance  with  such  procedure  as  may  be  prescribed  from 
among the working journalists, of whom six shall be editors of newspapers and the remaining seven 
shall  be  working  journalists  other  than  editors;  so,  however,  that  the  number  of  such  editors  and 
working journalists other than editors in relation newspapers published in Indian languages shall be 
not less than three and four respectively; 

(b) six shall be nominated in accordance with such procedure as may be prescribed from among 
persons who own or carry on the business of management of newspapers, so, however, that there shall 
be two representatives from each of the categories of big newspapers, medium newspapers and small 
newspapers; 

(c)  one  shall  nominated  in  accordance  with  such  procedure  as  may  be  prescribed  from  among 

persons who manage news agencies; 

(d)  three  shall  be  persons  having  special  knowledge  or  practical  experience  in  respect  of 
education and science, law, and literature and culture of whom respectively one shall be nominated by 
the University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy; 

(e) five shall be members of Parliament of whom three shall be nominated by the Speaker from 
among  the  members  of  the  House  of  the  People  (Lok  Sabha)  and  two  shall  be  nominated  by  the 
Chairman of the Council of States (Rajya Sabha) from among its members: 

Provided that no working journalist who owns, or carries on the business of management of, any 

newspaper shall eligible for nomination under clause (a): 

Provided further that the nominations under clause (a) and clause (b) shall be so made that among 
the  persons  nominated  there  is  not  more  than  one  person  interested  in  any  newspaper  or  group  of 
newspapers under the same control of management. 

1[Explanation.—For the purposes of clause (b), a “newspaper” shall be deemed to be categorised 
as  big,  medium  or  small  newspaper  on  the  basis  of  its  circulation  per  issue,  as  the  Central 
Government may, by notification in the Official Gazette, notify from time to time.] 

(4)  Before  making  any  nomination  under  clause  (a),  clause  (b)  or  clause  (c)  sub-section  (3),  the 
Central Government in the case of the first Council and the retiring Chairman of the previous Council in 
the  case  of  any  subsequent  Council  shall,  in  the  prescribed  manner,  invite  panels  of  names  comprising 
twice  the  number  of  members  to  be  nominated  from  such  associations  of  persons  of  the  categories 
referred to in the said clause (a), clause (b) or clause (c) as may be notified in this behalf by the Central 
Government in the case of the first Council and by the Council itself in the case of subsequent Councils: 

Provided  that  where  there  is  no  association  of  persons  of  the  category  referred  to  in  the  said         

clause (c), the panels of names shall be invited from such news agencies as may be notified as aforesaid. 

(5)  The  Central  Government  shall  notify  the  names  of  persons  nominated  as  members  under           

sub-section (3) in the Official Gazette and every such nomination shall take effect from the date on which 
it is notified. 

(6) The members of the Council notified under sub-section (5) shall elect from among themselves in 
accordance with such procedure as may be prescribed, a person to be a member of the Committee referred 
to in sub-section (2) and a meeting of the members of the Council for the purpose of such election shall be 
prescribed over by a person chosen from among themselves. 

6. Term of office and retirement of members.—(1) Save as otherwise provided in this section, the 

Chairman and other members shall hold office for a period of three years: 

Provided  that  the  Chairman  shall  continue  to  hold  such  office  until  the  Council  is  reconstituted  in 

accordance with the provisions of section 5 or for a period of six months whichever is earlier. 

1. Subs. by Act 36 of 1994, s. 2, for the Explanation (w.e.f. 3-6-1994). 

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(2)  Where  a  person  nominated  as  a  member  under  clause  (a),  clause  (b)  or  clause  (c)  of                  

sub-section  (3)  of  section  5  is  censured  under  the  provisions  of  sub-section  (1)  of  section  14,  he  shall 
cease to be a member of the Council. 

(3) The term of office of a member nominated under clause (e) of sub-section (3) of section 5 shall 

come to an end as soon as he ceases to be a member of the House from which he was nominated. 

(4) A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the 

opinion of the Council, from three consecutive meetings of the Council. 

(5) The Chairman may resign his office by giving notice  in writing to the Central Government, and 
any  other  member  may  resign  his  office  by  giving  notice  in  writing  to  the  Chairman,  and  upon  such 
resignation  being  accepted  by  the  Central  Government,  or  as  the  case  may  be,  the  Chairman  or  the 
member shall be deemed to have vacated his office. 

(6) Any vacancy arising under sub-section (2), sub-section (3), sub-section (4) or sub-section (5) or 
otherwise  shall  be  filled,  as  soon  as  may  be,  by  nomination  in  the  same  manner  in  which  the  member 
vacating office was nominated and the member so nominated shall hold office for the remaining period in 
which the member in whose place he is nominated would have held office. 

(7) A retiring member shall be eligible for re-nomination for not more than one term. 

7. Conditions of service of members.—(1) The Chairman shall be a whole-time officer and shall be 
paid  such  salary  as  the  Central  Government  may  think  fit;  and  the  other  members  shall  receive  such 
allowances of fees for attending the meetings of the Council, as may be prescribed. 

(2) Subject to the provisions of sub-section (1), the conditions of service of members shall be such as 

may be prescribed. 

(3) It is hereby declared that the office of a member of the Council shall not disqualify its holder for 

being chosen as, or for being, a member of either House of Parliament. 

8. Committees of the Council.—(1) For the purpose of performing its functions under this Act, the 
Council may constitute from among its members such Committees for general or special purposes as it 
may deem necessary and every Committee so constituted shall perform such functions as are assigned to 
it by the Council. 

(2)  The  Council  shall  have  the  power  to  co-opt  as  members  of  any  committee  constituted  under     

sub-section (1) such other number of persons, not being members of the Council, as it thinks fit. 

(3) Any such member shall have the right to attend any meeting of the Committee on which he is so 
co-opted and to take part in the discussions thereat, but shall not have the right to vote and shall not be a 
member for any other purpose. 

9. Meetings of the Council and committees.—The Council or any committee thereof shall meet at 
such times and places and shall observe such rules of procedure in regard to the transaction of business at 
its meetings as may be provided by regulations made under this Act. 

10.  Vacancies  among  members  or  defect  in  the  constitution  not  to  invalidate  acts  and 
proceedings  of  the  Council.—No  act  or  proceeding  of  the  Council  shall  be  deemed  to  be  invalid  by 
reason merely of the existence of any vacancy in, or any defect in the constitution of, the Council. 

11. Staff of the Council.—(1) Subject to such rules as may be made by the Central Government in 
this behalf, the Council may appoint a Secretary and such other employees as it may think necessary for 
the efficient performance of its functions under this Act. 

(2)  The  terms  and  conditions  of  service  of  the  employees  shall  be  such  as  may  be  determined  by 

regulations. 

12. Authentication of orders and other instruments of the Council.—All orders and decisions of 
the Council shall be authenticated by the signature of the Chairman or any other member authorised by 
the  Council  in  this  behalf  and  other  instruments  issued  by  the  Council  shall  be  authenticated  by  the 
signature of the Secretary or any other officer of the Council authorised in like manner in this behalf. 

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CHAPTER III 

POWERS AND FUNCTIONS OF THE COUNCIL 

13. Objects and functions of the Council.—(1) The objects of the Council shall be to preserve the 
freedom  of  the  Press  and  to  maintain  and  improve  the  standards  of  newspapers  and  news  agencies  in 
India. 

(2) The Council may, in furtherance of its objects, perform the following functions, namely:— 

(a) to help newspapers and news agencies to maintain their independence; 

(b)  to  build  up  a  code  of  conduct  for  newspapers,  news  agencies  and journalists  in  accordance 

with high professional standards; 

(c) to ensure on the part of newspapers, news agencies and journalists, the maintenance of high 

standards of public taste and foster a due sense of both the rights and responsibilities of citizenship; 

(d)  to  encourage  the  growth  of  a  sense  of  responsibility  and  public  service  among  all  those 

engaged in the profession of journalism; 

(e) to keep under review any development likely to restrict the supply and dissemination of news 

of public interest and importance; 

(f) to keep under review cases of assistance received by any newspaper or news agency in India 
from any foreign source including such cases as are referred to it by the Central Government or are 
brought to its notice by any individual, association of persons or any other organisation: 

Provided that nothing in this clause shall preclude the Central Government from dealing with any 
case of assistance received by a newspaper or news agency in India from any foreign source in any 
other manner it thinks fit; 

(g)  to  undertake  studies of  foreign  newspapers,  including  those brought  out  by any  embassy  or 

other representatives in India of a foreign State, their circulation and impact. 

Explanation.—For  the  purposes  of  this  clause,  the  expression  “foreign  State”  has  the  meaning 

assigned to it in section 87A of the Code of Civil Procedure, 1908 (5 of 1908); 

(h)  to  promote  a  proper  functional  relationship  among  all  classes  of  persons  engaged  in  the 

production or publication of newspapers or in news agencies: 

Provided  that  nothing  in  this  clause  shall  be  deemed  to  confer  on  the  Council any  functions in 

regard to disputes to which the Industrial Disputes Act, 1947 (14 of 1947), applies; 

(i)  to  concern  itself  developments  such  as  concentration  of  or  other  aspects  of  ownership  of 

newspapers and news agencies which may affect the independence of the Press; 

(j)  to  undertake  such  studies  as  may  be  entrusted  to  the  Council  and  to  express  its  opinion  in 

regard to any matter referred to it by the Central Government; 

(k)  to  do  such  other  acts  as  may  be  incidental  or  conductive  to  the  discharge  of  the  above 

functions. 

14. Power to censure.—(1) Where, on receipt of a complaint made to it or otherwise, the Council has 
reason  to  believe  that  a  newspaper  or  news  agency  has  offended  against  the  standards  or  journalistic 
ethics or public taste or that an editor or a working journalist has committed any professional misconduct, 
the  Council  may,  after  giving  the  newspaper,  or  news  agency,  the  editor  or  journalist  concerned  an 
opportunity  of  being  heard,  hold  an  inquiry  in  such  manner  as  may  be  provided  by  regulations  made 
under  this  Act  and,  if  it  is  satisfied  that  it  is  necessary  so  to  do,  it  may,  for  reasons  to  be  recorded  in 
writing,  warn,  admonish  or  censure  the  newspaper,  the  news  agency,  the  editor  or  the  journalist  or 
disapprove the conduct of the editor or the journalist, as the case may be: 

Provided that the Council may not take cognizance of a compliant if in the opinion of the Chairman, 

there is no sufficient ground for holding an inquiry. 

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(2) If the Council is of the opinion that it is necessary or expedient in the public interest so to do, it 
may  require any  newspaper  to  publish therein in such  manner  as the  Council thinks  fit,  any  particulars 
relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist 
working therein, including the name of such newspaper, news agency, editor or journalist. 

(3) Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any 

matter in respect of which any proceeding is pending in a court of law. 

(4) The decision of the Council under sub-section (1), or sub-section (2), as the case may be, shall be 

final and shall not be questioned in any court of law. 

15. General powers of the Council.—(1) For the purpose of performing its functions or holding any 
inquiry under this Act, the Council shall have the same powers throughout India as are vested in a civil 
court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following 
matters, namely:— 

(a) summoning and enforcing the attendance of persons and examining them on oath; 

(b) requiring the discovery and inspection of documents; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copies thereof from any court or office; 

(e) issuing commissions for the examination of witnesses or documents; and 

(f) any other matter, which may be prescribed. 

(2)  Nothing  in  sub-section  (1)  shall  be  deemed  to  compel  any  newspaper,  news  agency,  editor  or 
journalist to disclose the source of any news or information published by that newspaper or received or 
reported by that news agency, editor or journalist. 

(3) Every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning 

of sections 193 and 228 of the Indian Penal Code (45 of 1860). 

(4) The Council may, if it considers it necessary for the purpose of carrying out its objects or for the 
performance of any of its functions under this Act, make such observations, as it may think fit, in any of 
its decisions or reports, respecting the conduct of any authority, including Government. 

16. Levy of fees.—(1) The Council may, for the purpose of performing its functions under this Act, 
levy such fees, at such rates and in such manner, as may be prescribed, from registered newspapers and 
news  agencies  and  different  rates  may  be  prescribed  for  different  newspapers  having  regard  to  their 
circulation and other matters. 

(2)  Any  fees  payable  to  the  Council  under  sub-section  (1)  may  be  recovered  as  an  arrear  of  land 

revenue. 

17.  Payments  to  the  Council.—The  Central  Government  may,  after  due  appropriation  made  by 
Parliament by law in this behalf, pay to the Council by way of grants such sums of money as the Central 
Government may consider necessary for the performance of the functions of the Council under this Act. 

18. Fund of the Council.—(1) The Council shall have its own fund, and the fees collected by it, all 
such sums as may, from time to time, be paid to it by the Central Government and all grants and advances 
made to it by any other authority or person shall be credited to the Fund and all payments by the Council 
shall be made therefrom. 

(2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as 

may, subject to the approval of the Central Government, be decided by the Council. 

(3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and 

such sums shall be treated as expenditure payable out of the Fund of the Council. 

19.  Budget.—The  Council  shall  prepare,  in  such  form  and  at  such  time  each  year  as  may  be 
prescribed,  a  budget  in  respect  of  the  financial  year  next  ensuing  showing  the  estimated  receipts  and 
expenditure, and copies thereof shall be forwarded to the Central Government. 

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20. Annual report.—The Council shall prepare once every year, in such form  and at such time as 
may  be  prescribed,  an  annual  report,  giving  a  summary  of  its  activities  during  the  previous  year,  and 
giving  an  account  of  the  standards  of  newspapers  and  news  agencies  and  factors  affecting  them,  and 
copies thereof, together with the statement of accounts audited in the manner prescribed under section 22 
shall be forwarded to the Central Government and the Government shall cause the same to be laid before 
both Houses of Parliament. 

21. Interim reports.—Without prejudice to the provisions of section 20, the Council may prepare at 
any time during the course of a year, a report giving a summary of such of its activities during the year as 
it considers to be of public importance and copies thereof shall be forwarded to the Central Government 
and the Government shall cause the same to be laid before both Houses of Parliament. 

22.  Accounts  and  audit.—The  accounts  of  the  Council  shall  be  maintained  and  audited  in  such 

manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. 

CHAPTER IV 

MISCELLANEOUS 

23. Protection of action taken in good faith.—(1) No suit or other legal proceeding shall lie against 
the Council or any member thereof or any person acting under the direction of the Council in respect of 
anything which is in good faith done or intended to be done under this Act. 

(2) No suit or other legal proceeding shall lie against any newspaper in respect of the publication of 

any matter therein under the authority of the Council. 

24. Members, etc., to be public servants.—Every member of the Council and every officer or other 
employee  appointed  by  the  Council  shall  be  deemed  to  be  a  public  servant  within  the  meaning  of     
section 21 of the Indian Penal Code (45 of 1860). 

25. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act: 

Provided that when the Council has been established, no such rules shall be made without consulting 

the Council. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  procedure  for  nomination  of  members  of  the  Council  under  clauses  (a),  (b)  and  (c)  of    

sub-section (3) of section 5; 

(b) the manner in which panels of names may be invited under sub-section (4) of section 5; 

(c)  the  procedure  for  election  of  a  member  of  the  Committee  referred  to  in  sub-section  (2)  of 

section 5 under sub-section (6) of that section; 

(d) the allowances of fees to be paid to the members of the Council for attending the meetings of 
the  Council,  and  other  conditions  of  service  of  such  members  under  sub-section  (1)  and  (2)  of     
section 7; 

(e) the appointment of the Secretary and other employees of the Council under section 11; 

(f) the matters referred to in clause (f) of sub-section (1) of section 15; 

(g)  the  rates  at  which  fees  may  be  levied  by  the  Council  under  section  16  and  the  manner  in 

which such fees may be levied; 

(h) the form in which, and the time within which, the budget and annual report are to be prepared 

by the Council under sections 19 and 20 respectively; 

(i)  the  manner  in  which  the  accounts  of  the  Council  are  to  be  maintained  and  audited  under 

section 22. 

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(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

26. Power to make regulations.—1[(1)] The Council may  2[by notification in the Official Gazette] 

make regulations not inconsistent with this Act thereof and the rules made thereunder, for— 

(a)  regulating  the  meetings  of  the  Council  or  any  committee  thereof  and  the  procedure  for 

conducting the business thereat under section 9; 

(b)  specifying  the  terms  and  conditions  of  service  of  the  employees,  appointed by  the  Council, 

under sub-section (2) of section 11; 

(c) regulating the manner of holding any inquiry under this Act; 

(d) delegating to the  Chairman  or  the  Secretary  of the  Council,  subject to  such conditions as it 

may think fit to impose, any of its powers under sub-section (3) of section 18; 

(e) any other matter for which provision may be made by regulations under this Act: 

Provided that the regulations made under clause (b) shall be made only with the prior approval of the 

Central Government. 

2[(2) The Central Government shall cause every regulation made under this Act to be laid, as soon as 
may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty 
days  which  may  be  comprised in  one session or  in  two  or  more  successive  sessions,  and if,  before  the 
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses 
agree in making any modification in the regulation or both Houses agree that the regulation should not be 
made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case 
may  be;  so,  however,  that  any  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that regulation.] 

27. [Amendment of Act 25 of 1867.]  Rep.  by  the  Repealing  and  Amending  Act,  1988  (19  of  1988),     

s. 2 and the First Schedule (w.e.f. 31-3-1988). 

1. Section 26 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 
2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984). 

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